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TOURIST ROOMING HOUSES (Trhs) Phone: (608) 266-4551 in the CITY of MADISON Web: Cityofmadison.Com/Trh Email: [email protected]

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TOURIST ROOMING HOUSES (Trhs) Phone: (608) 266-4551 in the CITY of MADISON Web: Cityofmadison.Com/Trh Email: Zoningtrh@Cityofmadison.Com QUESTIONS AND ANSWERS ZTRHP1-FAQ City of Madison Building Inspection Division: Zoning Dept. Madison Municipal Building, Suite 017 215 Martin Luther King, Jr. Blvd. Q&A P.O. Box 2984 Madison, WI 53701-2984 TOURIST ROOMING HOUSES (TRHs) phone: (608) 266-4551 IN THE CITY OF MADISON web: cityofmadison.com/trh email: [email protected] What is the Zoning Tourist Rooming House Permit? The ZTRHP1 Permit allows the operation of a TRH for stays of one night or more. If host is present when guests stay, there CITY OF MADISON COMMON COUNCIL is no limit to the number of rental nights; if host is not present there is a 30-night Why have regulations? maximum that the TRH may operate. This Websites such as Airbnb and must be host’s primary residence.* TRH DEFINITION VRBO connect homeowners Who can operate a TRH? What is a Tourist with people who need a place TRHs can be operated by home owners, or to stay when they’re traveling. by tenants if explicitly allowed in the lease. Rooming House? Though many homeowners use Can I operate a Tourist Rooming House these platforms for intermittent in my apartment? on-the-side rentals, some Tourist Rooming Houses are allowable in property owners have gone all residential dwelling units within the City far beyond this modest ideal. of Madison provided all regulations are followed. In some parts of the country, property owners are using these Do I need any special approvals or web platforms to operate de permits to rent out my home as a facto hotels, and people are TRH? buying property with the sole You will need a valid Zoning Tourist purpose of using it as a short- Rooming House Permit (ZTRHP) from the In Wisconsin law, rental City of Madison Zoning Department. To term rental. Taken to these apply for the ZTRHP permit, you will first for less than 30 nights more extensive lengths, short- need to obtain a Tourist Rooming House of any partial or whole term rentals have a substantial License from Public Health Madison and structure for sleeping effect on neighboring property Dane County, and a Transient Room Tax accommodations is owners, changing the character Permit from the City Treasurer’s Office. called a Tourist Rooming of a neighborhood, and limiting Where can I find information about House (TRH). Airbnb, the stock of affordable housing. the rules and regulations about a Fairbnb.coop, and Tourist Rooming House? VRBO are a few online Madison has enacted ordinances Go to cityofmadison.com/TRH businesses that offer that seek to strike a balance between the competing rights I already have a TRH license from to connect hosts and Public Health. Do I need a ZTRHP travellers. of property owners. Under city permit too? ordinance, homeowners or Yes. A Zoning Tourist renters can earn some extra Rooming House (ZTRHP) money renting out space in What fees are involved for obtaining Permit is required before the dwelling they occupy, all proper permits and licenses? advertising or renting There is a one-time, non-refundable $100 but reasonable restrictions ZTRHP application fee, plus the ZTRHP this type of space online ensure that neighbors retain annual fee of $100. You will need a TRH or elsewhere. the right to control the type of license from Public Health in order to neighborhood they are living in. obtain the ZTRHP permit. Check their F:\Plcommon\ZONING\Zoning Document Warehouse\Applications\ZTRHP QUESTIONS AND ANSWERS ZTRHP1-FAQ Q&A: (CONTINUED) PRIMARY RESIDENCE DEFINITION: website for fee information about A dwelling unit that serves as must each submit a separate their license and other costs that may an individual’s true, fixed and residence affidavit.* possibly be involved: permanent home for at least publichealthmdc.com/str My daughter is a college 183 days in a calendar year and student who rents an What does the zoning home visit to which, whenever absent apartment from a property involve? therefrom, that individual owner with a year long lease. This is a walk-through of the unit in intends to return. Additional Can I rent out her apartment as order to verify application information, characteristics of a primary a TRH during the summer when especially submitted floor plans she’s not living in Madison? and bedroom counts. This is also an residence include, but are not limited to, where an No. TRHs can only be operated in opportunity to go over the regulations the primary residence of a home and what’s expected of hosts and to individual receives mail, claims owner, or a tenant if explicitly answer any questions hosts may have. residence for purposes of voter allowed in the lease.* What’s the difference between the registration, pays for utilities, and lists as their address on Can I rent out my Accessory TRH operator and the person listed Dwelling Unit (ADU) as a TRH? as host in website postings and state issued identification cards. The TRH must be the operator’s advertisements for the TRH? An individual can have only one primary residence. If the operator They are the same. An operator is the primary residence. lives in the main house, they cannot owner or lessee of the TRH dwelling rent out the ADU as a TRH. If the and who runs the TRH by being the operator lives in the ADU, they can person identified in TRH postings and rent out the ADU as a TRH but cannot rent out the main advertisements as the TRH host and who interacts with house as a TRH. An operator can only have one primary guests, both digitally and in person. residence. What does it mean to be “on site” during a rental? Is there a limit on how many guests I can host in my Being on site means the operator remains at the TRH TRH? through the night and does not reside elsewhere when Yes. The limit depends on how many legal bedrooms the guests have reserved the TRH. unit contains. The maximum number of guests is twice the Can I rent out several rooms separately to different number of legal bedrooms, up to a maximum of twelve reservation parties? guests. Do not count children under the age of 12 towards Only if the operator stays on site through the night of the maximum number of guests. each rental night while multiple reservation parties are present.* What is the definition of a legal bedroom? Any habitable space in a Dwelling Unit other than a Can I rent out my whole home and be gone during kitchen or living room that is intended for or capable of the rental time? being used for sleeping with a door that closes the room The TRH may only operate a maximum of 30 nights per off from other common space such as living and kitchen year when the operator is not on site during the overnights areas, is within the dwelling unit thermal envelope, that of guest stays. If the operator is on site during guest stays is at least seventy (70) square feet in area, exclusive of there is no limit to the number of nights the TRH may closets and other appurtenant space, and meets Building operate.* Code standards for egress, light and ventilation according to the Uniform Dwelling Code, Wis. Admin. Code chs. I own a two-flat apartment building and live in the SPS 320-325, or the Uniform Multifamily Dwelling Code, first floor unit. Can I rent the upstairs apartment as a Wis. Admin. Code ch. SPS 366. A room identified as a den, TRH? library, study, office, dining room, or other extra room that No. The TRH must be the operator’s primary residence. An satisfies this definition will be considered a bedroom. operator can only have one primary residence.* Do I need my Home Owner’s Association (HOA) Can my sister, who lives in an apartment above my permission to operate a TRH? TRH, be a cohost? The City of Madison is not a party to and does not enforce No. The TRH must be the primary residence of all hosts any private homeowners’ association regulations. Property and cohosts listed in any ad postings. All hosts and cohosts owners should review private regulations that apply to the F:\Plcommon\ZONING\Zoning Document Warehouse\Applications\ZTRHP QUESTIONS AND ANSWERS ZTRHP1-FAQ Q&A: (CONTINUED) property they or their tenants wish to use as a TRH since these regulations may restrict an owner from allowing the dwelling to be used as a TRH. How do I keep the required registry? Do I ask guests to sign themselves into a registry book? The registry is a paper or digital record available for on- site inspection, indicating the true name of the individual making the TRH reservation, their contact information, dates of stay, and whether the operator was present or absent during the stay. The registry shall include all information from the current and prior registry year. What reports do I need to submit each quarter year? Submit form ZTRHP-QR by email to zoningTRH@ cityofmadison.com which includes all advertising locations and registry information for the previous quarter year. Operator maintains and submits these records in paper or digital format. Excel spreadsheet template ZTRHP-QR may be downloaded and used for easy digital maintenance and reporting. How does my permit get renewed, and do I need to pay the application fee again each year? Operators do not need to reapply each year and pay the $100 application fee again when renewing their permit; however the $100 annual permit fee must be paid each year.
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